The Apex Court, while allowing an appeal, made an observation that Right to Equality enshrined under Article 14 of the Constitution of India is a vested right and it appears to be violated when equals are treated unequally. According to the appellant, the State government had accepted the proposal of KUDA to allot 200 sq. yard developed plot free of cost to each of the 134 ex-employees of a mill in the form of a rehabilitation and welfare measure. Knowing this, the 318 other retired workers who had opted for voluntary retirement along with the previous 134 workers made a representation before the government for allotting them the plot. However, the government rejected their request. Aggrieved by this, the workers’ approached High Court. The single-bench High Court had allowed the writ petition, but upon appeal, the Division bench had set aside the judgment. The appellants’ then approached the apex court wherein they contended that there stands no reasonable differentia between the 134 ex-employees who had taken voluntary retirement and remaining 318 who had also taken up the benefit of voluntary retirement. The bench accepted the contentions made by appellant and stated that for a classification to be valid, they must stand two tests- the distinguishing rationale should be based on a just objective and the choice of differentiating two sets of persons ought to bear a reasonable nexus to the objects sought to be achieved. The bench further observed that there had been no justification for treating 318 ex-employees different from the 134 ex-employees. Therefore, the bench restored the single bench judgment and directed the state government to allot plots to the remaining 318 ex-employees as well. The post Right vested under Art. 14 violated when equals treated unequally- SC appeared first on LexForti . Randy Reidwww.itcse.org

If you’re a landlord, then you’re well aware that many state governors enacted eviction moratoriums to protect vulnerable tenants during stay-at-home orders in response to the COVID-19 pandemic. Additionally, certain metropolitan areas (including Atlanta and Boston) issued moratoriums of their own, while some state Supreme Courts also intervened by issuing emergency orders halting eviction proceedings. In some instances, evictions were allowed at the discretion of lower courts. The federal government also got involved when the Director of the Centers for Disease Control (CDC) issued an executive order halting certain evictions based on nonpayment of rent. The CDC’s order was much more limited than most state and local moratoriums, requiring tenants to take certain actions to stop the eviction process from moving forward. These moratoriums are likely to put landlords in a financial and moral bind. While nonpayment of rent can threaten your livelihood, especially in the absence of additional federal relief for small businesses, no one really wants to throw someone out of their home while COVID-19 and its variants are still a threat and workers are still suffering from massive job losses and loss of income. While we are all hoping for a miracle recovery by year’s end, the health of the economy still remains tentative at best.  It’s a tough time for landlords and tenants, as the novel coronavirus continues to upend life as we know it. Understanding which eviction moratoriums apply to your rental property, when they expire, their scope, and related details will help you make informed, legally defensible decisions.  Lease Confidently with Rocket Lawyer Get all the legal help you need to manage your property. Anytime. Anywhere. Get started now Is there an eviction moratorium that is still active in my property’s state right now? Most eviction moratoriums that were enacted at the state and

Millions of Americans continue to struggle financially as businesses big and small fight to stay afloat amid repeated pandemic shutdowns and re-openings. Renters, in particular, worry about the possibility of eviction when they don’t have the money to pay rent. A federal nationwide eviction moratorium had been in place since March 2020. Congress issued the first moratorium as part of the CARES Act. The CDC stepped in after the expiration of the CARES Act moratorium to issue its own moratorium, which has been extended numerous times. We’ll discuss the current state of the eviction moratorium and renter protections, Congressional actions, President Biden’s plans to help struggling tenants, and steps you can take to protect your interests as a renter. Need to get rent payments back on track? Set a deadline or a schedule for late payments in a legally binding contract. Get started now Which state and federal eviction moratoriums remain in place? The federal moratorium that ended at midnight on January 1, 2021 was immediately extended to January 31. President Biden had the CDC extend the federal moratorium through March 31 right after his inauguration on January 20. The $1.9 trillion American Rescue bill was passed and signed into law in early March, but the bill did not include an extension of the eviction moratorium. It did, however, provide $30 billion in additional funding for emergency rent relief programs. The CDC extended the nationwide eviction moratorium on May 29, 2021. That extension was through June 30, 2021. The CDC issued another extension, saying this would be its final extension, on June 24, 2021. This last extension ended on July 31, 2021, but due to intense pressure from Congressional Democrats, the CDC issued yet another extension through October 3, 2021 for counties nationwide with substantial and high levels of community